A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. At around 15:10 on June 2, 2016, the Defendant: (a) expressed that “A person who was on the road in front of the Yancheon-gun, Chungcheongnamcheon-gun, the Gyeongcheon-gun, reported that “A person who was on the duty of driving a Lao is in excess of the influence of alcohol”; and (b) expressed that D would be required to take a drinking test by the security guards assigned to the police box of the Hacheon Police Station: “A person who was on the duty of driving a Lao; (c) is likely to do so; and (d) the person who was requested to take a drinking test by the security guards belonging to the police box of the Hacheon-gun Police Station that was called out.” The Defendant assaulted D’s arms by cutting off D’s arms at the hand and walking off D’s left bucks

Accordingly, the defendant interfered with the maintenance of police officers' order and handling of reported cases.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) stated in paragraph (1) of the same Article: (a) the Defendant responded to D in the manner of asking for the reasons why the Defendant was in excess of drinking water together with the Oralb to the effect that “the Defendant was in excess of a congested to the alley while driving alcohol.” (b) The Defendant demanded the Defendant to take a drinking test to the effect that “the Defendant was able to recognize that he was driving under the influence of alcohol, such as fluoring with red, smelling, in an inaccurate and irregular manner, and the fluoring distance.” However, the Defendant failed to comply with the demand for a drinking test by inserting a drinking measuring instrument three times in total from that date until 15:30 on the same day, and did not comply with the demand without justifiable grounds.

Accordingly, the defendant did not comply with the drinking test of a police officer as a person who has a considerable reason to recognize that he was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Article 136 of the Criminal Act concerning criminal facts and the choice of punishment